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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

A special statute prescribes a 60-day period for filing an appeal and says nothing about excluding the Limitation Act. Under the Limitation Act, 1963, how does section 3 apply to that appeal?

Section 3 applies as if the 60-day period were the period prescribed by the Schedule. A different period in a special or local law is treated as the Schedule period, so a late appeal must be dismissed even if limitation was not pleaded as a defence.

  1. ASection 3 does not apply because the period comes from a special law
  2. BSection 3 applies as if the 60-day period were the period prescribed by the ScheduleCorrect
  3. CSection 3 applies only if the special law period is longer than the Schedule period
  4. DSection 3 applies only if the court first notes that limitation was raised as a defence

Explanation

Where a special or local law prescribes a period different from the Schedule, section 3 applies as if that period were the one prescribed by the Schedule. So the bar of limitation operates on the 60-day period. The first option is wrong because the special period does not oust section 3; the fourth is wrong because section 3 operates even if limitation is not set up as a defence.

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